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YH LEX ESTATES LLC v. HFZ CAPITAL GROUP LLC

Index No. 655980/20. Appeal No. 15398. Case No. 2021-02287.

203 A.D.3d 417 (2022)

160 N.Y.S.3d 580

2022 NY Slip Op 01282

YH Lex Estates LLC, Appellant, v. HFZ Capital Group LLC et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 1, 2022.

Attorney(s) appearing for the Case

Susman Godfrey L.L.P., New York (Mark H. Hatch-Miller of counsel), for appellant.

Morrison Cohen LLP, New York (Christopher Milito of counsel), for respondents.

Concur—Gische, J.P., Oing, Kennedy, Mendez, Shulman, JJ.

The action was appropriately commenced under CPLR 3213 because the instruments sued upon were for the payment of money only and required no reference to external documents to determine the clear and material terms within the four corners (see 27 W. 72nd St. Note Buyer LLC v Terzi, 194 A.D.3d 630, 632 [1st Dept 2021], lv denied 37 N.Y.3d 913 [2021]).

Defendants failed to raise a triable issue as to whether their managing...

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